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  1. #1

    Default Lasd False Imprisonment , Tom Bane Act of California, 148.g California Penal Code

    My question involves civil rights in the State of: California

    I visited Los Angeles to do a street preaching excursion and I was detained across the street of Lynwood women's jail for video recording the back entrance of the jail facility on Mona Blvd August 23, 2019 4PM PST. I was street preaching and protesting (I was also outside the LASD STAR Academy in Whittier, CA earlier in the day street preaching and holding Jesus Christ Saves sign). 5 LA County Sheriff Deputies approached me and demanded ID. I said I'm not giving my ID because I didn't break the law. I cite 148.G of the California penal code that I can record public officials in the full capacity of their duties and anything in public on a public sidewalk. The Deputy tells me that my activity is suspicious and there was a sniper incident where Deputy was alleged shot in Lancaster, CA (100 miles North from Lynwood, CA) 2 days earlier and every station is on high alert for active sniper. I told the Deputy I'm street preaching, recording B roll footage. I also told him I was street preaching outside LASD STAR Academy in Whittier, CA and video recorded my interactions with uniformed and off duty Deputies that talked to me about my street preaching. The Deputy said "you're not being honest, you're hiding something, I want to see your ID". I said "I'm only going to give you my first name because I didn't break the law". The Deputy looks at my street preaching sign leaned on the wall, my backpack, amplified PA, microphone, my tripod with camera mounted, and brown KJV bible sorted o the dirt area off the sidewalk. He tells me "that's litter, now I'm detaining you for littering, give me your ID". I ask for a Supervisor, the other Deputies said the two striped Deputy that is detaining me is the Supervisor at the scene. I ask for a Lieutenant or Sergeant. The Deputy tells me if I get a Supervisor out here, I have to cite you for littering. I give my ID and tell them "I giving you my ID out of duress". He runs my information. I get my ID back and I still request for a supervisor because I felt unlawfully detained. He holds a citation book in his hand and says "do you want to a citation, do you want a citation because I can give you one for holding me up, He gives me a lawful order to leave the area or I'll be arrested.

    I call the Century station, talked to the Watch Commander, told him the incident and asked if the Deputy violated LASD polices on false detainment and harassment. Days later, Assistant Sheriff Commander Robin Limon said to press that the sniper incident was a hoax and the Deputy involved is Angel Reinosa who is relieved of duty as of today. I call the LASD Century station to file a complaint, I make a DVD of all my video recording including my 20 min sermon (30 minutes before being detained), my B roll footage across the street of the Lynwood jail, my sermon outside of STAR Academy, and other footage (street preaching outside Spearmint Rhinos strip club in Rialto, CA later that night, street preaching outside Cheetah's and Hustler in Las Vegas, NV the next night, and still photos of my street preaching equipment the Deputy called litter). Watch Commander reviewed all my evidence and I received a letter 2 months later that the Deputy violated LASD policies and will be disciplined. The LASD bill of rights refuses to share the disciplinary actions on the Deputy.

    I felt my rights been violated and the Tom Bane Act of California, 4th Amendment are grounds of wanting a lawsuit against the Los Angeles Sheriff Deputies that detained me. I was harassed for doing a lawful activity, falsely detained for littering to be identified, threats and intimidation not allowing a Supervisor to come out to the incident, and given a lawful order to leave the area. The Watch Commander offered a conflict resolution but I rejected because the DVD is self-explanatory why I was protesting/street preaching outside the Lynwood jail facility. I called law firms in Los Angeles and none want to represent me because the incident isn't police brutality. I go to my local law libraries back in the Bay Area and signed up for free legal counsel and the lawyer only gave me basic information to file a government code against the party I'm suing (Los Angeles County and Los Angeles County Sheriff Dept)

    Where do I start to file a lawsuit and the amount I'm suing for? The complaint is the structure of the lawsuit but I have no legal assistance to help me formulate the complaint

  2. #2
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    Default Re: Lasd False Imprisonment , Tom Bane Act of California, 148.g California Penal Code

    I'm very surprised that they might have provided you as much info as they did regarding the process of any internal investigation, most pointedly that he had been "relieved of duty". Such a comment is arguably in violation of state law if it was disciplinary. If merely administrative (paid) leave while they look into the matter, that's not so problematic.

    You can consult attorneys who might specialize in this sort of thing or the ACLU. If they are willing to take the case on contingency (and i don't see anything that tells me they will) then maybe you can move forward with some sort of lawsuit. If you have a lot of money to throw at the situation, you can also toss down $20,000+ and see where that gets you. Without actual harm or losses, it might be hard to get an attorney interested in the case. But, maybe ...

    When I was a deputy (NOT in LA County) we had some people filming the back entry to the jail. It turned out that they were part of a hit squad planning a violent release of a notorious federal prisoner being held at the county jail at that time. So, yeah, recording what can be seen as the comings and goings, schedules, and activities of law enforcement at a station or facility is likely to get you attention. But, you knew that going in, didn't you?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Oct 2014
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    7,552

    Default Re: Lasd False Imprisonment , Tom Bane Act of California, 148.g California Penal Code

    Quote Quoting News Now Bay Area
    View Post
    Where do I start to file a lawsuit and the amount I'm suing for? The complaint is the structure of the lawsuit but I have no legal assistance to help me formulate the complaint
    Your problem here is that it sounds like your detention was fairly brief, you weren't arrested, charged, or taken to jail, and you suffered no physical injury or financial loss for your interaction with the police. The U.S. Supreme Court has held that when you suffer a violation of your constitutional rights all you can sue for is your actual damages or, if no actual damages, $1 in nominal damages. Federal statute would allow you to recover the legal fees spent in pursuing the action. Similarly the Tom Bane Civil Rights Act allows you to recover your actual damages plus an amount of 3 times your actual damages, plus attorney's fees. So the bottom line here is that under both California and federal law all you can win are your actual damages suffered. Without actual damages, you might get $1. Your lawyers might get awarded their legal fees. You'd still have some expenses of the lawsuit that would not be covered by the award of attorney's fees. And that's if you win, and from your recitation of the facts, I'm not sure there is a clear violation of your civil rights here. In short, I don't see anything worthwhile for you to pursue out this. Even if you win, you'll be out of pocket some money for it. Your lawyers are the only ones who would benefit from it.

  4. #4
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    Jun 2014
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    3,117

    Default Re: Lasd False Imprisonment , Tom Bane Act of California, 148.g California Penal Code

    Quote Quoting cdwjava
    View Post
    I'm very surprised that they might have provided you as much info as they did regarding the process of any internal investigation, most pointedly that he had been "relieved of duty". Such a comment is arguably in violation of state law if it was disciplinary. If merely administrative (paid) leave while they look into the matter, that's not so problematic.

    You can consult attorneys who might specialize in this sort of thing or the ACLU. If they are willing to take the case on contingency (and i don't see anything that tells me they will) then maybe you can move forward with some sort of lawsuit. If you have a lot of money to throw at the situation, you can also toss down $20,000+ and see where that gets you. Without actual harm or losses, it might be hard to get an attorney interested in the case. But, maybe ...

    When I was a deputy (NOT in LA County) we had some people filming the back entry to the jail. It turned out that they were part of a hit squad planning a violent release of a notorious federal prisoner being held at the county jail at that time. So, yeah, recording what can be seen as the comings and goings, schedules, and activities of law enforcement at a station or facility is likely to get you attention. But, you knew that going in, didn't you?
    Carl, maybe they just said he had been relieved of duty.

  5. #5
    Join Date
    Sep 2005
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    California
    Posts
    20,460

    Default Re: Lasd False Imprisonment , Tom Bane Act of California, 148.g California Penal Code

    Quote Quoting Mercy&Grace
    View Post
    Carl, maybe they just said he had been relieved of duty.
    NOT a term commonly used when it is not punitive. Typically, it would be, "Placed on administrative leave (while we investigate)" or something similar. Seems ... odd.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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